Judge: Steven A. Ellis, Case: 21STCV07646, Date: 2024-10-08 Tentative Ruling
DEPARTMENT 29 - LAW AND MOTION RULINGS IMPORTANT (PLEASE SEND YOUR E-MAIL TO DEPT. 29 NOT DEPT. 2)
Communicating with the Court Staff re the Tentative Ruling 1. Please notify the courtroom staff by email not later than 9:30 a.m. on the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SSCDEPT29@lacourt.org. Please do not use any other email address. 2. You must include the other parties on the email by "cc." 3. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. THE COURT WILL HEAR ARGUMENT UNLESS BOTH SIDES SUBMIT ON THE TENTATIVE. 4. Include the words "SUBMISSION BUT WILL APPEAR" if you submit, but one or both parties will nevertheless appear. 5. For other communications with Court Staff a. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a matter placed off-calendar. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) date of proceeding. b. CASE SETTLED should appear in all caps in the Subject line where all parties have agreed that the case has settled for all purposes. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) whether notice of settlement/dismissal documents have been filed; (c) if (b) has not been done, a date one year from the date of your email which will be a date set by the court for an OSC for dismissal of the case. c. STIPULATION should appear in all caps in the Subject line where all parties have stipulated that a matter before the court can be postponed. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) what proceeding is agreed to be postponed e.g. Trial, FSC; (c) the agreed-upon future date; (d) whether all parties waive notice if the Court informs all counsel/parties that the agreed-upon date is satisfactory. This communication should be used only for matters that are agreed to be postponed and not for orders shortening time. 6. PLEASE MAKE SURE THAT ALL COMMUNICATIONS WITH COURT STAFF DEAL ONLY WITH SCHEDULING AND ADMINISTRATIVE MATTERS AND DO NOT DISCUSS THE MERITS OF ANY CASE. (UPDATED 6/17/2020)
IMPORTANT: In light of the COVID-19 emergency, the Court encourages all parties to appear remotely. The capacity in the courtroom is extremely limited. The Court appreciates the cooperation of counsel and the litigants.
ALSO NOTE: If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar. THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.
Case Number: 21STCV07646 Hearing Date: October 8, 2024 Dept: 29
Arriero v. Grigoryan
21STCV07646
Tentative
The Court will call this matter.
Background
On February 26, 2021, Plaintiff Oswaldo
Arriero (“Plaintiff”) filed a complaint against Arshak Grigoryan, New Flow Plumbing
and Rooter, Inc. (collectively, “Defendants”), and Does 1 through 20, asserting
a cause of action for motor vehicle negligence arising from an accident on February
10, 2020, near the intersection of Fairfax Avenue and Whitworth Drive in Los
Angeles.
Defendants filed an answer to the complaint
on April 8, 2021.
On August 26, 2024, Plaintiff’s counsel Henry
John Matusek and Thomas O’Neil (collectively, “Counsel”) filed this motion to
be relieved as counsel. It is not clear whether the motion was served on
Defendants’ counsel (as is required).
On October 4, 2024, Plaintiff filed a declaration
in response to the motion. It is not
clear whether the declaration was served on Counsel (a proof of service is
attached to the declaration, but it is unsigned) or Defendants’ counsel.
Legal
Standard
“The question of granting or denying an application of an attorney to
withdraw as counsel ([without client consent pursuant to Code of Civil
Procedure, section] 284, subd. (2)) is one which lies within the sound
discretion of the trial court ‘having in mind whether such withdrawal might
work an injustice in the handling of the case.’” (People v. Prince
(1968) 268 Cal.App.2d 398, 406 [internal quotations omitted].)
The California Rules of Court also provide that:
(1)
A notice of motion and motion to be relieved as
counsel under Code of Civil Procedure section 284(2) must be directed to the
client and must be made on the Notice of Motion and Motion to Be Relieved as
Counsel-Civil (form MC-051);
(2)
The motion to be relieved as counsel must be
accompanied by a declaration on the Declaration in Support of Attorney's Motion
to Be Relieved as Counsel-Civil (form MC-052), with the declaration needing to
state in general terms, and without compromising the confidentiality of the
attorney-client relationship, why a motion under Code of Civil Procedure
section 284(2) is brought instead of filing a consent under Code of Civil
Procedure section 284(1);
(3)
The proposed order relieving counsel must be prepared
on the Order Granting Attorney's Motion to Be Relieved as Counsel-Civil (form
MC-053), must be lodged with the court with the moving papers, and must specify
all hearing dates scheduled in the action or proceeding, including the date of
trial, if known; and
(4)
The notice of motion and motion, the declaration,
and the proposed order must be served on the client and on all other parties
who have appeared in the case, where service may be made by personal service,
electronic service, or mail, subject to certain conditions for service by mail,
overnight delivery, or fax, as well as for service by email.
(Cal. Rules of Court, rule 3.1362, subds. (a), (c)-(e).)
After the order is signed, a copy of the signed order must be served on
the client and on all parties that have appeared in the case. The court may
delay the effective date of the order relieving counsel until proof of service
of a copy of the signed order on the client has been filed with the court.
(Cal. Rules of Court, rule 3.1362, subd. (e).)
The court should consider whether the attorney’s “withdrawal can be
accomplished without undue prejudice to the client’s interests.” (Ramirez v.
Sturdevant (1994) 21 Cal.App.4th 904, 915.) Moreover, the motion should
also be denied if it will cause undue delay in the proceeding or cause
injustice. (Mandell v. Superior Court (1977) 67 Cal.App.3d 1, 4.)
Discussion
As a threshold matter, it is unclear whether the motion was served on
Defendants’ counsel, as is required.
(Cal. Rules of Court, rule 3.1362(d).)
It is also unclear whether Plaintiff’s declaration was served on Counsel
or Defendant’s counsel.
Other than service issues, Counsel has satisfied all of the necessary
procedural requirements for the motion. Counsel
has filed both forms MC-051 and MC-052. Additionally, form MC-052 noted all
upcoming hearings, including the intended trial date. Counsel also has filed
form MC-053, along with the moving papers, that adhered to all requirements. Counsel
files this Motion under Code Civ. Proc. §284(2) noting that there has been an
irreparable breakdown in the attorney-client relationship and that continued
representation is not possible. Finally, on August 26, 2024, counsel provided
Proof of Service indicating that required notice, including the motion,
declaration, and proposed order, to Plaintiff Arriero was provided.
Plaintiff asks for the Court to deny the motion on the ground that
Counsel has refused to provide Plaintiff with a copy of the file. Plaintiff states that she seeks the file “so
I can seek to be represented by another attorney.”
The Court will call this matter.
Conclusion
The Court will call this matter.
If the motion is granted, the order is not effective until Counsel filed
with the Court a proof of service showing service of the signed order (not just
a minute order) on Plaintiff.
Counsel is ordered to give notice of this ruling.